The Ontario Reports Volume 14

The Ontario Reports Volume 14

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 edition. Excerpt: ... was argued also, at p. 267, that "the company being a fluctuating body, unincorporated, the individuals composing it at the time of judgment may be all different from those who composed it at the time of the libel and the commencement of the suit." But Tindah C. J., said that could make no difference to the defendant; the Act authorized the proper disposition to be made of the means of the company; and that such an objection applied equally to every kind of action that can be brought by a joint stock company. The objection just referred to was relied upon by Mr. Osler and Mr. Shaw, the counsel for the county of Bruce. as a reason why the county could not be made liable; but that would equally be an answer if it could be maintained against a recovery being had against a municipal body for any kind of claim or contract, or for misfeasance of any kind. In The Metropolitan Saloon Omnibus 0'0. v. H au-'kins, 4: H. 82 N. 87, it was held a Joint Stock Company incorporated under the Joint Stock Company's Act could maintain an action for libel against one of the shareholders. It was argued for the defendant that the plaintiffs were only a quasi corporation, and not a full corporate body, and such a body could not sue one of the members, and could only sue in respect of matters necessarily incident to the purpose for which it was incorporated; and there was no instance of a corporation having maintained an action for libel or slander. The Court decided an action for libel was maintainable by a corporation at the common law. It was said by the Chief Baron it would be monstrous if such a body could not sue for slander of title through which it lost a great deal of money. Martin, B., said, at p. 91: "There is no pretence for...show more

Product details

  • Paperback | 268 pages
  • 189 x 246 x 14mm | 485g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236948610
  • 9781236948618